BMC § 14.05.060 through 14.05.130 are applicable to:
A. 
General. All new and existing discharges subject to this title as set forth in BMC § 14.05.030, all land uses and all new development, redevelopment, and grading shall comply with all requirements of this title unless explicitly exempted by this title or exempted by the public works director pursuant to the authority granted in BMC § 14.05.050 and as specifically set forth in this chapter.
B. 
Exemptions. The following land uses are exempt from the provisions of this title.
1. 
Commercial agriculture, including only those activities conducted on lands defined in RCW 84.34.020(2), and production of crops or livestock for wholesale trade;
2. 
Forest practices regulated under WAC Title 222, except for Class IV general forest practices, as defined in WAC 222-16-050, that are conversions from timber land to other uses;
3. 
Development undertaken by the Washington State Department of Transportation in state highway right-of-way that complies with the standards found in chapter 173-270 WAC, the Puget Sound Highway Runoff Program; and
4. 
Any additional exemptions as set forth in Appendix 1, Minimum Technical Requirements for New Development and Redevelopment, of the Western Washington Phase II Municipal Stormwater Permit.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
Storm Water Discharges to Sanitary and Combined Sewers. In consultation with the local sewage treatment agency, the public works director may approve discharges of storm water to a public combined sewer or sanitary sewer if other methods of controlling pollutants in the discharge are not adequate or reasonable, and the discharging party certifies that the discharge will not harm the environment and will not overburden or otherwise harm the public combined sewer or sanitary sewer systems. The public works director shall condition approval of such a discharge on compliance with local pretreatment regulations.
B. 
Discharges Prohibited to Public Drainage Control Systems. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants other than storm water. It is unlawful to make illicit discharges, as defined in subsection (C) of this section, either directly or indirectly to a public drainage control system.
C. 
Illicit Discharges Defined. Except as provided in subsection (D) of this section, all discharges which are not composed entirely of storm water are illicit discharges, as defined in BMC § 14.01.060.
The following is a partial list, provided for informational purposes only, of common substances which are illicit discharges when allowed to enter a public drainage control system:
1. 
Trash or debris.
2. 
Construction materials.
3. 
Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil.
4. 
Antifreeze and other automotive products.
5. 
Metals in either particulate or dissolved form.
6. 
Flammable or explosive materials.
7. 
Radioactive material.
8. 
Batteries.
9. 
Acids, alkalis or bases.
10. 
Paints, stains, resins, lacquers or varnishes.
11. 
Degreasers and solvents.
12. 
Drain cleaners.
13. 
Pesticides, herbicides or fertilizers.
14. 
Steam cleaning wastes.
15. 
Soaps, detergents or ammonia.
16. 
Swimming pool backwash.
17. 
Chlorine, bromine and other disinfectants.
18. 
Heated water.
19. 
Domestic animal wastes.
20. 
Sewage.
21. 
Recreational vehicle waste.
22. 
Animal carcasses.
23. 
Food wastes.
24. 
Bark and other fibrous materials.
25. 
Collected lawn clippings, leaves, or branches.
26. 
Silt, sediment or gravel.
27. 
Dyes.
28. 
Chemicals not normally found in uncontaminated water.
29. 
Washing of fresh concrete for cleaning and/or finishing purposes or to expose aggregates.
30. 
Any other process-associated discharge except as otherwise allowed in this section.
31. 
Any hazardous material or waste not listed above.
D. 
Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the public works director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
1. 
Diverted stream flows.
2. 
Rising ground water.
3. 
Uncontaminated ground water infiltration.
4. 
Uncontaminated pumped ground water.
5. 
Foundation drains.
6. 
Air conditioning condensation.
7. 
Irrigation water from agricultural sources that is commingled with urban storm water.
8. 
Springs.
9. 
Water from crawlspace pumps.
10. 
Footing drains.
11. 
Flows from riparian habitats and wetlands.
12. 
Non-storm water discharges authorized by another NPDES or state waste discharge permit.
13. 
Discharges from emergency firefighting activities.
E. 
Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the public works director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
1. 
Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system;
2. 
Lawn watering and other irrigation runoff is permitted but shall be minimized;
3. 
Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water;
4. 
Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;
5. 
Other non-storm water discharges. The discharges shall be in compliance with the requirements of a storm water pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water.
F. 
Testing for Illicit Discharges. When the public works director has reason to believe that any discharge is an illicit discharge, the public works director or designee may sample and analyze the discharge and recover the costs from a responsible party in an enforcement proceeding. When the discharge is likely to contain illicit discharges on a recurring basis, the public works director may conduct, or may require the responsible party to conduct, ongoing monitoring at the responsible party's expense.
G. 
Illicit Connections Prohibited. Any connection identified by the public works director that could convey anything not composed entirely of surface and storm water directly to surface and storm water or ground water is considered an illicit connection. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
General. For all existing discharges directly or indirectly to a public drainage control system, responsible parties shall implement and maintain nonstructural best management practices as specified in rules promulgated by the public works director. Nonstructural best management practices shall include, but not be limited to, maintenance and source control housekeeping practices such as cleaning of catch basins and detention facilities, sweeping of parking lots, storing oil barrels and other contaminant sources out of the rain, covering material stockpiles, and proper use and storage of hazardous materials.
If the public works director or designee determines that discharges from a drainage facility are causing or contributing to a water quality problem, such as discharges that cannot be adequately addressed by nonstructural best management practices, including, but not limited to, areas with recurrent spills such as discharges from vehicle maintenance shops or gas stations, then the director may require the responsible party to undertake more stringent or additional best management practices. These best management practices may include structural best management practices or other action necessary to cease causing or contributing to the water quality problem. Structural best management practices include but shall not be limited to constructed facilities such as detention tanks, wet ponds, oil/water separators, grassed swales, roofing and berming of container storage areas, and revised piping systems.
B. 
Spill Prevention Required. All responsible parties shall take measures to prevent spills or other accidental introduction of illicit discharges into a public drainage control system. Such measures shall include:
1. 
Establishment and implementation of plans and procedures to prevent spills and other accidental releases of materials that may contaminate storm water;
2. 
Implementation of procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of storm water; and
3. 
Provision of necessary containment and response equipment on site, and training of personnel regarding the procedures and equipment to be used.
The provisions of this subsection may be satisfied by a storm water pollution prevention plan prepared in compliance with the NPDES industrial storm water permit for the site.
The responsible parties shall make the plans and procedures required by this subsection available to the public works director or designee when requested.
C. 
Release Notification Requirements. A responsible party must, at the earliest possible time, but in any case within 24 hours of discovery, report to the public works department a spill, release, dumping, or other situation that has contributed or is likely to contribute pollutants to a public drainage control system. This reporting requirement is in addition to, and not instead of, any other reporting requirements under federal, state or local laws.
D. 
Natural Drainage Patterns. Natural drainage patterns shall be maintained.
E. 
Obstruction of Watercourses. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, sediment, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Watercourses shall not be obstructed.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
Stormwater Management Manual Adopted. The city of Burlington hereby adopts as a technical reference manual, hereafter referred to as the "storm water manual," the 2019 State Department of Ecology Stormwater Management Manual for Western Washington, as amended by Sections 1 through 7 of Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit. The city hereby further adopts the thresholds, definitions, minimum requirements, and exceptions, adjustments and variance criteria found in Appendix 1 and Appendix 10 of the Western Washington Phase II Municipal Stormwater Permit as the city of Burlington's minimum storm water regulations.
B. 
Thresholds for Minimum Technical Requirements for Storm Water Control.
1. 
All new development, redevelopment, and construction sites, regardless of type and regardless of whether or not a permit is required, that meet or exceed the threshold conditions set forth in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit must comply with the minimum technical requirements of said Appendix 1, including the mandatory incorporated provisions of the 2019 Ecology Stormwater Management Manual for Western Washington.
2. 
The city of Burlington requires that all projects, even those that result in land disturbance of less than one acre, adhere to the minimum requirements for erosion and storm water control set forth in Appendix 1 and Appendix 7 of the Western Washington Phase II Municipal Stormwater Permit.
3. 
For those projects meeting the review thresholds set forth in this section, the applicant shall submit a site assessment and analysis along with a drainage control plan or storm water site plan pursuant to requirements in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit.
4. 
The city of Burlington allows applications for an erosivity waiver as specified in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit.
C. 
Standards and Definitions. Unless otherwise specified in this chapter, all standards, definitions, and requirements shall be in accordance with the storm water manual.
D. 
Flood Prone Areas. Sites within flood prone areas must employ measures to minimize the potential for flooding on the site and for the project to increase the risk of floods on adjacent or nearby properties. Flood control measures shall include those set forth in other titles of the Burlington Municipal Code and rules promulgated thereunder, including but not limited to the critical areas code, chapter 14.15 BMC, and in rules promulgated by the public works director to meet the purposes of this subsection.
E. 
Natural Drainage Patterns. Natural drainage patterns shall be maintained.
F. 
Obstruction of Watercourses. Watercourses shall not be obstructed.
G. 
Low Impact Development. The city requires a site analysis and technical evaluation to ensure that all sites meeting the minimum qualifications shall utilize low impact development (LID) best management practices (BMPs), as an alternative to conventional storm water management systems that rely on detention ponds and closed conveyances, when such measures are feasible. Low impact development is intended to manage runoff close to the source of generation and to mimic predeveloped hydrologic condition of a site. Low impact development is accomplished through minimizing the impervious surface coverage and loss of vegetation and by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the storm water manual. A variety of BMPs to minimize impervious surfaces and to manage storm water have been developed and tested for use in Western Washington.
(Ord. 1853 § 2 (Exh. B), 2018; Ord. 1921 § 1 (Exh. A), 2022)
A. 
Scope of Review. Where drainage and approval are required by BMC § 14.05.090, the scope of this review shall at least include the following:
1. 
Applications for Building and Other Permits. The public works director shall review any application for a building permit or other permit, other than land use permit applications, for compliance with BMC § 14.05.090 and to determine whether improvements to the public drainage control system shall be required.
2. 
The public works director shall review all storm water plans for proposed development activities in accordance with the site planning process and best management practice selection and design criteria as set forth in the storm water manual.
B. 
Application and Approval Requirements. Drainage control plans for projects subject to review under BMC § 14.05.090 shall be reviewed by the public works director or designee. The public works director or designee may approve those plans which comply with the provisions of this title and rules promulgated hereunder, and may place conditions upon the approval in order to assure compliance with the provisions of this title. Submission of the required drainage control application information shall be a condition precedent to the processing of any of the above-listed permits. Approval of drainage control shall be a condition precedent to issuance of any of the above-listed permits. A storm sewer permit shall be issued to construct on-site and off-site drainage control facilities based on the approved plans. See BMC § 14.05.240, Storm sewer permits required.
The public works director may disapprove plans which do not comply with the provisions of this title and rules promulgated hereunder. Disapproved plans shall be returned to the applicant, who may correct and resubmit the plans.
C. 
Submittal Requirements.
1. 
Applications shall be prepared and submitted in accordance with provisions of this section, with this chapter (public storm sewers) and with associated rules and regulations adopted by the public works director.
2. 
The public works director or designee may require additional information necessary to adequately evaluate applications for compliance with the requirements and purposes of this title and other laws and regulations, including the critical areas code, chapter 14.15 BMC. The public works director or designee may also require appropriate information about adjoining properties which may be related to, or affected by, the drainage control proposal in order to evaluate effects on the adjacent property. This additional information may be required as a precondition for permit application review and approval.
3. 
Where an applicant simultaneously applies for more than one of the permits listed in subsection (A) of this section for the same property, the application shall comply with the requirements for the permit which are the most detailed and complete.
(Ord. 1853 § 2 (Exh. B), 2018)
The public works director shall maintain a permanent file of all approved drainage control plans. Each plan shall be cataloged according to the property address, legal description of the property and the storm sewer permit number for which the plan is required. See BMC § 14.05.240, Storm sewer permits required. Where a drainage control plan covers more than one property, the approved plan shall be cataloged for each property covered by the plan.
(Ord. 1853 § 2 (Exh. B), 2018)
All privately owned and operated drainage control facilities or systems, whether or not they discharge to a public drainage control system, shall be considered storm sewers and shall be subject to this title, the public works department director's rules promulgated under this title, and the public works department's design and installation specifications and permit requirements for storm sewer and drainage control systems.
Storm sewer permits and inspections shall be required for construction, capping, alterations, or repairs of privately owned and operated drainage control systems as provided in this title. When the work is ready for inspection, the permittee shall notify the public works director. If the work is not in accordance with plans approved under this title and in accordance with the department of community development design and installation specifications adopted by administrative rule, the public works director may order the work stopped by written notice to the persons engaged in performing the work or causing the work to be done, and may require modifications as provided in this title.
(Ord. 1853 § 2 (Exh. B), 2018)
During construction the public works director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be modified if physical conditions are discovered on the site which are inconsistent with the assumptions upon which the approval was based, including but not limited to unexpected soil and/or water conditions, weather-generated problems, or changes in the design of the improved areas. Modifications shall be submitted to the public works director for approval prior to implementation.
Any such modifications made during the construction of drainage control facilities shall be recorded on the final approved drainage control plan, a revised copy of which shall be filed by the community development director.
(Ord. 1853 § 2 (Exh. B), 2018)